Board v. Jolly
Court of Appeals of Kentucky
CASE 13 — PETITION ORDINARY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. CITED— 2 Bush, 555 ; Rankin vs. Turney. CITED— 2 Met., 146; Chiles vs. Drake. Civil Code, sees. 118, 145. 15 B. Mon., 446; 5 Littell, 281; 11 B. Mon., 195.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion of the court:
In this action, which mainly sought a recovery on a merchant’s account, the circuit court seems to have sustained a demurrer to the petition, and dismissed the action on the ground that the petition and account exhibited showed that the action was apparently barred by limitation. The judgment cannot be sustained.
*87It does not appear from the petition that if the statute had been pleaded the plaintiff might not have avoided it by showing some saving or suspending disability.
It was said by this court in Chiles vs. Drake (2 Met., 146), that “ the…
2Cases cited2 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Rankin v. TurneyCourt of Appeals of Kentucky · 1866
3Cited by5 opinions
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Merritt v. CravensCourt of Appeals of Kentucky · 1916
- Stillwell v. LeavyCourt of Appeals of Kentucky · 1883
- Webster County v. HallCourt of Appeals of Kentucky (pre-1976) · 1938
- Hosick v. TrabueCourt of Appeals of Kentucky · 1876